||means persons given Adjunct appointments in accordance with the University’s College of Adjuncts Policy.
|Background Intellectual Property
||means all Intellectual Property Rights owned by or licensed to the University prior to the creation of new Intellectual Property.
||means to exploit commercially, including (without limitation):
and Commercialisation has a corresponding meaning.
- in relation to an Intellectual Property right: the exercise of all the rights exclusively granted to the holder of such Intellectual Property rights by the laws of the jurisdiction in which the Intellectual Property right subsists, including where permitted the right to sub-license those rights;
- in relation to a product, kit, apparatus, substance, documentation or information resource (or any part of such materials): to make, distribute, market, sell, hire out, lease, supply, or otherwise dispose of it; and
- in relation to a method or process: to use the method or process or to make, distribute, market, sell, hire out, lease, supply, or otherwise dispose of a product, kit or apparatus the use of which is proposed or intended to involve the exercise of the method or process,
||means the cost actually or directly attributable to the Registration or Protection of Intellectual Property rights or the Commercialisation of Intellectual Property. Such costs include, but are not limited to:
- registration fees;
- legal fees;
- patent attorney fees;
- proof of concept funding;
- financial and technical advice;
- marketing and travel;
- creation of prototypes;
- bank fees; and
- transaction fees.
||means the gross income or other commercially valuable consideration such as but not limited to royalties, licence fees, equity, received as a result of or in connection with the Commercialisation of Intellectual Property.
||means material produced by Staff for teaching and learning purposes, including but not limited to slideshows, photographs, maps, diagrams, handbooks, manuals, unit outlines, exercises, promotional and advertising brochures, lecture recordings and multimedia items regardless of whether these materials are still in development or have been completed.
|means works of a purely artistic or aesthetic nature (such as paintings and sculpture), and which are not otherwise included in the definition of Scholarly Works under this policy.
|Indigenous Intellectual Property and Knowledges
||means Indigenous peoples' rights to their heritage, consisting of intangible and tangible aspects of the whole body of cultural practices, resources and knowledge systems developed, nurtured and refined by Indigenous people and passed on by them as part of expressing their cultural identity, including the rights set out in Article 31 of the United Nations (UN) Declaration of the Rights of Indigenous Peoples. Indigenous Intellectual Property and Knowledges cover those of Aboriginal and Torres Straights Islander peoples. Indigenous Intellectual Property and Knowledges are intimately linked to land, cultural heritage and environment, and to cultural property. Indigenous communities possess unique features of their knowledge, creative expressions and innovations that emphasize communal rights.
||includes any proprietary right concerning:
- Patents under the Patents Act 1990 (Cth);
- Information that is subject to an employee's duty of fidelity to the employer;
- Copyright vested by virtue of the Copyright Act 1968 (Cth);
- Trade marks registered under the Trade Marks Act 1995 (Cth);
- Unregistered trademarks used or intended for use in businesses;
- Designs registered under the Designs Act 2003 (Cth);
- New plant varieties under the Plant Breeder's Rights Act 1994 (Cth);
- Circuit layouts (computer chips) under the Circuit Layouts Act 1989;
- Trade secrets and confidential information protected by equity or the common law; and
- All other rights resulting from intellectual activity in the industrial, commercial, scientific, literary and artistic fields.
||has the meaning specified in the Copyright Act 1968 (Cth) and includes the right of attribution of authorship in respect of the work; the right not to have authorship of the work falsely attributed; and the right of integrity of authorship in respect of the work.
||means the difference between Commercialisation Proceeds received and all costs and expenses incurred by, or on behalf of, the University in deriving such Commercialisation Revenue, including the cost and expenses of developing, protecting and commercialising the relevant Intellectual Property.
||means the Staff member, Student or Affiliate who creates the Intellectual Property which is subject to this Policy, whether alone or jointly with another person or persons.
|Pre-Existing Intellectual Property
||means Intellectual Property owned by a Staff member, Student or Affiliate prior to the date of their employment as a Staff member, enrolment as a Student or appointment as an Affiliate.
||means the “Procedures for Reporting and Managing Intellectual Property” and other document to be developed pursuant to this Policy to or to implement this Policy as approved by the Director, Research and Innovation Services.
||means processes, including without limitation patenting, that establish ownership of; or control access to rights in respect to Intellectual Property so as to contribute to or enable the viability of Commercialisation of the Intellectual Property.
||means publication, report or creative work that meets the definition of research and is eligible for inclusion in HERDC and ERA government reports.
||means a works intended for academic publication (e.g. article, book, manuscript or manual regardless of format).
||means a person who is employed by the University.
||means a person enrolled as a student in an approved course (including undergraduate and postgraduate) at the University or in a course or program of study conducted by or on behalf of the University; any casual learner participating in any formal or informal teaching programs offered by the University or on behalf of the University; and, where relevant, an exchange Student or non-award Student.
||University of Canberra (ABN 81 633 873 422).
|University Intellectual Property Officer
||means Deputy Vice-Chancellor Research and Innovation from time to time.
||means those resources resulting from the expenditure of the University’s funds and include equipment, accommodation, administrative facilities, support facilities (i.e. library, computing, power and telephone) and existing University Intellectual Property. It includes the provision of relief from teaching, administrative or other responsibilities, but does not include the Creator’s usual salary.